Karl H. Timmerman M.A.J.D. © 2002
All Rights Reserved
A MISSOURI LAWYER'S
FRIDAY NIGHT RAMBLINGS
MoBar Solo and Small Firm Internet Group
DECEMBER 27, 2002
Greets and Huggers. Posted the evening of 12/27/02. No one wakes up with a concentration camp in their back yard: we lose our civil liberties an inch at a time. We lost 12 inches this week. http://www.osca.state.mo.us/Courts/PubOpinions.nsf/0f87ea4ac0ad4c0186256405005d3b8e/e985b42506b4a78886256c9800561160?OpenDocument
A DCSE clerk, now has the power to Order a person to pay child support, use the power of our judicial system, (civil and criminal contempt, execution and garnishment), to enforce that Order and should that person not pay ... give the non paying parent the option of sitting in jail or participating in the "Fair Share" program, (going to work for an employer, sanctioned by DCSE). All done extra judicially:
"In other words, section 454.490 does not transform the DCSE's order into a court judgment, but merely allows it to be enforced as such. Although it could be said that an administrative order that has the effect of a judgment is indeed a judgment, there is still a technical distinction." State ex rel. Robin Hilburn, Respondent, v. Sherry Staeden (Ladlee), Respondent, Jeremiah W. (Jay) Nixon, Attorney General, Intervenor-Appellant. Case Number: SC84354, emphasis added.
I have a client .. who a month after his divorce in 1997, started receiving Social Security benefits, (disabled, non compos mentis). His ex-wife was and is receiving more SS benefit money than the court ordered him to pay as and for child support. Four months ago ... DOSE started snatching 65% of his disability check. No hearing, no notice. The DCSE technician handling his file, believes he is over $15,000.00 in arrears in child support. In October, I contacted a dear friend employed by the Dark Side in the Legal Department and explained the situation ... the record reflects that my client has no arrearage: in fact he has over paid. Just found out DOSE snatched 65% of my clients December SS disability check. Neither of the children have lived with Mom since 1999. So, share with me: "Where does my client find "due process of law?" Where does someone in his position find a lawyer, when he has no money to pay for one?
What does "Due Process of Law" mean? It means you have a constitutionally guaranteed right, (14th Amendment), to have a Court review any action by our government that affects your "rights, privileges and immunities". Put another way: agents of our government are not supposed to be able to snatch your property BEFORE you have had an opportunity to be heard. Does "pre-judgment replevin" mean anything to you?, (Fuentes, Sniadach, Luger). "Our Government" is composed of the "Executive Branch", the "Legislative Branch" and the "Judicial Branch". The "Executive Branch" and the "Legislative Branch" is composed of folks who have been elected by 51% of us. They represent 51% of us: the "will of the people". The "Judicial Branch" is composed of folks who have been nominated and appointed by the "Executive" and "Legislative" branches, respectively. Our "Judicial Branch" represents the other 49% of us, by enforcing the contract we have with our elected representatives: our "Bill of Rights". In Missouri, our Supremos are appointed by our Governor. I have great respect for each and every one but fear they may have lost focus. There may indeed be a "technical distinction" between a ": judgment" and an "administrative determination", as there is between a "revolver" and an "automatic". But with all due respect, I don't believe you notice the "distinction" when someone is shooting at you. When did a "Federal Mandate", a mandate by 51% of us justify trashing the rights of the other 49%? We have no viable domestic terrorist network ... because most folks believe they still have the "Judicial Branch" to defend them from the other 51%: they can have their day in Court. So what happens when they don't? 'Nuff said for now.
A simple "Life Lesson". I am so stupid ... (we are so stupid?). We don't share simple stuff ... like "HOW to brush your teeth"! You have to understand: I got the "hair gene", my brother Roy got the "tooth gene". He has perfect teeth. I have hair, (and as I get older, in places you would not believe) ... Roy is ... er .... "balding". Over the past 6 months ... I have spent over $3,500.00 in crowns and dental work ... just to be able to chew my groceries!! Could have been avoided. Simple, stupid stuff ... I wish someone would have parked my *ss down and said, "Let me share with you HOW to take care of your teeth." .... how to take care of your body ..... < sigh > ..... So, now, I'm going to be 55 years old, (January 15, 2003) ... I have "high" blood pressure, I'm overweight, smoke, drink and may be a Type II diabetic. ( You know you are in deep sh*t, when the folks that try to get you to switch to their health insurance .... hang up on you!!). I pay over $1,000 per month for health insurance for Susan and I. My body didn't come with an "Owners Manual". Wish it did. Life Lesson: Take the time and learn how to take care of your body: there is no warrantee, there are no refunds! <chuckling> Get your oil checked and your joints lubed.
Heard on the evening news that North Korea admitted it has a nuclear weapon and is in the process of manufacturing more. They also have proven and tested missile technology. We have 30,000+ troops in South Korea, not to mention, most of the spare parts for my friends KIA. Iraq denies it has any weapons of mass destruction and UN weapons inspectors have been unable to find any. Interesting dilemma: do you continue to work on draining the swamp, (Iraq) or concentrate on getting the alligator off your *ss? (North Korea).
Have a fire going at Ft Timmerman: it is so cold outside "the Damn Yorkies" don't want to go "out" and answer nature's call, (you have no idea how glad I am that all the floor surfaces at Ft Timmerman are done in ceramic tile!). I'm sitting here sipping on some BBB, chatting on the #SFIG and putting the final touches on these Ramblings. I love my Kodak 8500, (http://www.lonestardigital.com/kodak_8500.html): Susan loves her diamond necklace and ring, (http://www.karltimmerman.com/xmas2002.html) ... hehehe .... and "the Damn Yorkies" are enjoying their toys as are "the Damn Cats". All is well at Ft Timmerman.
As always ... if my post offends, I apologize.
Karl (the dumb ole country lawyer from Holden, Missouri)